Case Note & Summary
The petitioners, Akshay Pitamber Sarvakar and another, are Indian citizens residing in Australia. They filed a petition under Articles 226 of the Constitution of India read with the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Adoption Regulations 2017/2022, seeking a writ of mandamus to direct the Central Adoption Resource Authority (CARA) to register their concluded HAMA adoption ex post facto and to open the inter-country file on the basis of the registered adoption deed and Indian identity documents, and to process and issue the No-Objection Certificate (NOC) and, as applicable, the Conformity Certificate under Article 23 of the Hague Convention or a Support Letter in the non-Hague route. They also sought a direction to the District Magistrate, Gandhinagar, and Respondent No. 3 to conduct an inquiry on the registered HAMA adoption deed and to issue a verification/adoption order and certificate. The petitioners had adopted two minor children under a registered HAMA deed, and the adoption was validly concluded. However, CARA refused to register the adoption ex post facto and issue the NOC, citing procedural requirements under the Adoption Regulations. The court considered the submissions of the petitioners' counsel, Mr. Punit B. Juneja, and the respondents' counsels, Mr. Nikunj Kanara (AGP) and Mrs. Krishna G. Rawal. The court held that the adoption was validly made under HAMA and in the best interests of the children. The court directed CARA to register the adoption ex post facto and to process the NOC/Conformity Certificate in accordance with law. The court also directed the District Magistrate to conduct the inquiry and issue the verification order. The petition was allowed with the above directions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Mandamus - Petitioners sought direction to CARA to register their concluded HAMA adoption and issue NOC for inter-country adoption - Court held that CARA is bound to consider the adoption deed and process the registration and NOC in accordance with law, as the adoption was validly made under HAMA and in the best interests of the children (Paras 1-8). B) Family Law - Hindu Adoption - Hindu Adoption and Maintenance Act, 1956 - Sections 7, 8, 11, 16 - Validity of Adoption - Petitioners, Indian citizens residing in Australia, adopted two minor children under a registered HAMA deed - Court held that the adoption is valid under HAMA and entitled to recognition under the Adoption Regulations 2017/2022, and CARA must register it ex post facto and issue necessary certificates for inter-country adoption (Paras 2-8). C) Adoption Law - Inter-Country Adoption - Adoption Regulations 2017/2022 - Regulations 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100 - Registration of Adoption - Court directed CARA to open the inter-country file and process the NOC/Conformity Certificate based on the registered HAMA adoption deed and Indian identity documents, as the adoption was in compliance with HAMA and the best interests of the children (Paras 2-8).
Issue of Consideration
Whether the Central Adoption Resource Authority (CARA) is obliged to register a concluded HAMA adoption ex post facto and issue a No-Objection Certificate/Conformity Certificate for inter-country adoption under the Adoption Regulations 2017/2022, and whether the District Magistrate is required to conduct an inquiry and issue a verification order for such adoption.
Final Decision
The petition is allowed. CARA is directed to register the petitioners' concluded HAMA adoption ex post facto under the Adoption Regulations 2017/2022 and to open the inter-country file on the basis of the registered adoption deed and Indian identity documents, and to process and issue the No-Objection Certificate and, as applicable, the Conformity Certificate under Article 23 of the Hague Convention or a Support Letter in the non-Hague route. The District Magistrate, Gandhinagar, and Respondent No. 3 are directed to conduct the inquiry on the registered HAMA adoption deed and to issue a verification/adoption order and certificate in the prescribed format, recording validity under HAMA in the best interests of the minors. Rule is made absolute to the aforesaid extent.
Law Points
- Hindu Adoption and Maintenance Act
- 1956
- Adoption Regulations 2017/2022
- Articles 226 and 227 of the Constitution of India
- Hague Convention on Inter-Country Adoption
- CARA Guidelines
- Best interests of the child
- Ex post facto registration
- No-Objection Certificate
- Conformity Certificate
